42 USC 5118: Demonstration grants for prevention of inappropriate separation from family and for prevention of child abuse and neglect
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42 USC 5118: Demonstration grants for prevention of inappropriate separation from family and for prevention of child abuse and neglect Text contains those laws in effect on January 4, 1995
From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 67-CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORMSUBCHAPTER V-CERTAIN PREVENTIVE SERVICES REGARDING CHILDREN OF HOMELESS FAMILIES OR FAMILIES AT RISK OF HOMELESSNESS

§5118. Demonstration grants for prevention of inappropriate separation from family and for prevention of child abuse and neglect

(a) Establishment of program

The Secretary may make grants to entities described in subsection (b)(1) of this section for the purpose of assisting such entities in demonstrating, with respect to children whose families are homeless or at risk of becoming homeless, the effectiveness of activities undertaken to prevent-

(1) the inappropriate separation of such children from their families on the basis of homelessness or other problems regarding the availability and conditions of housing for such families; and

(2) the abuse and neglect of such children.

(b) Minimum qualifications of grantees

(1) In general

The entities referred to in subsection (a) of this section are State and local agencies that provide services in geographic areas described in paragraph (2), and that have authority-

(A) for removing children, temporarily or permanently, from the custody of the parents (or other legal guardians) of such children and placing such children in foster care or other out-of-home care; or

(B) in the case of youths not less than 16 years of age for whom such a placement has been made, for assisting such youths in preparing to be discharged from such care into circumstances of providing for their own support.

(2) Eligible geographic areas

The geographic areas referred to in paragraph (1) are geographic areas in which homelessness and other housing problems are-

(A) threatening the well-being of children; and

(B)(i) contributing to the placement of children in out-of-home care;

(ii) preventing the reunification of children with their families; or

(iii) in the case of youths not less than 16 years of age who have been placed in out-of-home care, preventing such youths from being discharged from such care into circumstances of providing their own support without adequate living arrangements.

(3) Cooperation with appropriate public and private entities

The Secretary shall not make a grant under subsection (a) of this section unless the agency involved has entered into agreements with appropriate entities in the geographic area involved (including child welfare agencies, public housing agencies, and appropriate public and nonprofit private entities that provide services to homeless families) regarding the joint planning, coordination and delivery of services under the grant.

(c) Requirement of matching funds

(1) In general

The Secretary shall not make a grant under subsection (a) of this section unless the agency involved agrees that, with respect to the costs to be incurred by such agency in carrying out the purpose described in such subsection, the agency will make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount equal to not less than $1 for each $4 of Federal funds provided in such grant.

(2) Determination of amount of non-Federal contribution

Non-Federal contributions required under paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, shall not be included in determining the amount of such non-Federal contributions.

(Pub. L. 93–247, title III, §301, as added Pub. L. 101–645, title VI, §661(b), Nov. 29, 1990, 104 Stat. 4755 .)

Congressional Findings

Section 661(a) of Pub. L. 101–645 provided that: "Congress finds that-

"(1) homelessness too often results in the placements of children into out-of-home care, or delays the reunification of such children with their parents; and

"(2) strong coordination between child welfare agencies and housing authorities can protect homeless children or children at risk of becoming homeless from abuse and neglect and help prevent the unnecessary separation of children from their families."

Section Referred to in Other Sections

This section is referred to in sections 5118a, 5118b, 5118c, 5118d of this title.